Ein Land, zwei Systeme

Vorlage:Chinese "One country, two systems" is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the People's Republic of China (PRC), for the reunification of China.

Hong Kong and Macau

In 1984, Deng Xiaoping proposed to apply the principle to Hong Kong in the negotiation talks with British Prime Minister Margaret Thatcher over the future of Hong Kong when the lease of the New Territories (including New Kowloon) of Hong Kong to Britain was to expire in 1997. The same principle was proposed in the talks with Portugal over Macau.

The principle is that upon reunification, despite the practice of "socialism" in mainland China, both Hong Kong and Macau which were formerly colonies of the United Kingdom and Portugal respectively, can retain their established system under a high degree of autonomy for at least fifty years after reunification to a very large extent.

The establishment of these regions, called special administrative regions (SARs), is authorized by Article 31 of the Constitution of the People's Republic of China, which states that the State may establish SARs when necessary, and that the systems to be instituted in them shall be prescribed by law enacted by the National People's Congress in light of the specific conditions.

The SARs of Hong Kong and Macau were formally established on July 1, 1997 and December 20, 1999 respectively, immediately after the People's Republic of China (PRC) assumed the sovereignty over the respective regions.

Framework

The two SARs of Hong Kong and Macau are responsible for their domestic affairs, including, but not limited to, the judiciary and courts of last resort, immigration and customs, public finance, currencies and extradition. Diplomatic relations and national defense of the two SARs are, however, the responsibility of the Central People's Government in Beijing.

Hong Kong continues using English common law. Macau continues using the Portuguese civil law system.

Implementation

In Hong Kong, the system has been implemented through the Basic Law of Hong Kong, which serves as the mini-constitution of the region, and consistent with the Sino-British Joint Declaration. Similar arrangements are in place with Macau.

Under the respective basic laws, the SARs have a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication. They formulate their own monetary and financial policies, maintain their own currencies, formulate their own policies on education, culture, sports, social welfare system, etc. within the framework of the basic laws.

As stipulated by the basic laws, while the Central People's Government of the PRC is responsible for foreign affairs and defence in relation to the SARs, representatives of the Government of the SARs may participate, as members of delegations of the PRC, in diplomatic negotiations that directly affect the Regions, and in other international organizations or conferences limited to states and affecting the region. For those international organizations and conferences not limited to states, the SARs may participate using the names in the form of "Hong Kong, China". As separate economic entities, both SARs of Hong Kong and Macau are members of the World Trade Organization. Hong Kong is also one of the member economies of APEC.

The basic laws also provide constitutional protection on various fundamental human rights and freedoms. Specifically, the International Covenant on Civil and Political Rights is given a constitutional status through the basic laws.

Some international observers and human rights organisations have expressed doubts over the future freedom of expressing political opinions, and on the pledge of high degree of autonomy in Hong Kong. They considered, for example, that the proposals on Article 23 of the Basic Law in 2003 (which was withdrawn due to mass opposition) might have undermined freedoms. Some also criticized that Beijing's influence on the democratic developments in Hong Kong could undermine the pledge of a high degree of autonomy.

Nonetheless, the governments of the People's Republic of China and Hong Kong both consider that the principle has been successfully implemented, quoting official reports of both the United Kingdom and the United States. Public polls have also shown that among the various areas of governance, the public is most satisfied with the degree of freedoms enjoyed. Vorlage:Citeneeded

Tibet

The 14th Dalai Lama, Tenzin Gyatso, has expressed interest in using "One Country, Two Systems" for governing Tibet. He has said that under such a system he would be willing to return to Tibet from exile. The government of the People's Republic of China, however, see this system as inapplicable to Tibet because "Tibet is already a part of China" and fears that "One Country, Two systems" will be used as a gateway to formal Tibetan independence. [1]

Taiwan

This system has also been proposed by the PRC government for Taiwan, but the Republic of China (ROC) government has refused this offer. (It was also claimed that the system was originally designed for Taiwan.) Special provisions for the ROC military have also been proposed. The concept of "One country, two systems" tends to be highly unpopular in Taiwan, with polls consistently showing 80% opposition and only about 10% support Vorlage:Citeneeded. All of the major parties in Taiwan, including those that lean toward Chinese reunification have come out strongly against "One country, two systems." One of the few Taiwanese who have publicly supported "one country, two systems" is novelist Li Ao.

Although the "One country, two systems" guarantees to leave Hong Kong's economic and political systems unchanged for 50 years after the British handover in 1997, the Mainland Affairs Council on Taiwan has cited 169 cases in which they claim the PRC has breached Hong Kong people's right to self-rule and severely intervened in the judicial system as well as freedom of speech.

Since the accession of Hu Jintao, the PRC has stopped promoting immediate reunification via "one country, two systems" (though it remains official policy) in favor of stepwise economic integration and political exchanges. This approach was emphasized during the 2005 Pan-Blue visits to mainland China. A mention of the "one country, two systems" framework was conspicuously absent in the Anti-Secession Law of the People's Republic of China.

See also

• Political divisions of China
• Special Administrative Region
• Basic Law of Hong Kong
• Hong Kong law
• Legal system of Hong Kong
• Basic Law of Macau
• Legal system of Macau
• Kingdom of the Netherlands - a similar arrangement

External links

• "One Country, Two Systems", HKSAR Government web site

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